Why put an employee to preventive suspension
According to Supreme court: Gatbonton vs. NLRC (G.R. No. 146779, January 23, 2006)
“Preventive suspension is a disciplinary measure for the protection of the company’s property pending investigation of any alleged malfeasance or misfeasance committed by the employee. The employer may place the worker concerned under preventive suspension if his continued employment poses a serious and imminent threat to the life or property of the employer or of his co-workers. However, when it is determined that there is no sufficient basis to justify an employee’s preventive suspension, the latter is entitled to the payment of salaries during the time of preventive suspension.”
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According to Omnibus Rules in Implementing Labor Code
“Section 8. Preventive suspension. The employer may place the worker concerned under preventive suspension only if his continued employment poses a serious and imminent threat to the life or property of the employer or of his co-workers” (Rule XXIII, Book V).
This kind of suspension shall last longer than 30 days (In JRS Business Corp. v. NLRC, et. al., 246 SCRA 445 [1995], the Supreme Court penalized the employer to pay indemnity in the amount of P1,000 when it violated the maximum 30-day preventive suspension.) The employer shall thereafter, reinstate the worker in his former or in a substantially equivalent position (actual reinstatement) or the employer may extend the period of suspension provided that during the period of extension, he pays the wages and other benefits due to the worker (payroll reinstatement). In such case, the worker shall not be bound to reimburse the amount paid to him during the extension if the employer decided, after completion of the hearing, to dismiss the worker.
How to put an employee to a preventive suspension
You may include the notice of preventive suspension on the notice to explain
Can abuse of this be a ground for constructive dismissal?
Yes ,When preventive suspension exceeds the maximum period allowed without reinstating the employee either by actual or payroll reinstatement (see Hyatt Taxi Services Inc. vs. Rustom M. Catinoy, G.R. No. 143204, June 26, 2001), or when preventive suspension is for indefinite period (see Pido vs. National Labor Relations Commission, G.R. No. 169812, Feb. 27, 2007), constructive dismissal will set in.
What violations are not covered by this kind of suspension?
The Court held that it is improper for the employer to place under preventive suspension employees charged of violation of school rules and regulations on the wearing of uniform, tardiness or absence, and maliciously spreading false accusations against the school. (See Woodridge School vs. Pe Benito, G.R. No. 160240, October 29, 2008.)
For preventive suspension to be legal, there should be an imminent threat to life and property.
After the employee reply to the NTE of Fraud. Can we do the preventive suspension for 15 days, while we do the investigation and hearing.
yes, if di pa kasama sa NTE yung notice of preventive suspension, then issue a preventive suspension memo
I was on lunch that time when I found a lost phone. I knew the fact that there were cameras in the office and also I definitely don’t have any interest with the phone so I planned to return it. I took the phone with me since no one claimed it. I took the phone and didn’t turned it off because I waited for the owner to call unto that phone (because that’s what owner normally do before reporting it lost) there’s someone who texted to that phone so I saved the number to my phone so I could return the phone after my shift. I saved that number so I have someone to contact to return the phone to the owner because my lunch is about to end. btw I did important things during my lunch that’s why I wasn’t able to surrender it to the hr. then after few hours they held me into confession room and I honestly told them that I did took the phone because I was planning to return it to the owner. I did explained what happened but still they served me the preventive suspension due to what i did is against company code of conduct as per the hr.
i spoke with the phone owner and he told me he didn’t got any email or anything regarding the issue. he told me that he didn’t know i was suspended. what I would like to ask is, during the process of investigation, is it really normal that hearing will be held without the phone owner and is it really unnecessary that owner of the phone was not informed what happened to the case?
that is possible if the basis of your (preventive) suspension, and admin investigation is the cctv footage. go check your code of conduct to see if they are consistent with the policy
Can an employee that was put on preventive suspension then reinstated after 30 days with pending case result then terminated after a week and after submitting an appeal to higher management was reinstated again can still reimburse the 1month wages when he was in suspension?
nope
An unfortunate event happened at our workplace and I would like to seek for your advice. I have been physically and verbally abused by an employee from in the upper management. I am currently working as a branch head in our company. One day,while I was seated and using my mobile phone at the front desk of our office, he came up behind me and hit me at the back of my head and cursed at me. He kept shouting “p***inamo suntukan tayo!” repeatedly. I told him that what he did was wrong and that he has no right to hit me and curse at me like that, this further infuriated him. He kept on repeating those as if to provoke me in to fighting him. He kept on repeating those words and I knew that he wasn’t going to stop. When i have had enough of his trash-talking and couldn’t take his invectives anymore, I took his challenge to fight me. I asked him to hit me first. We were then pacified other employees that were there during the incident.
I believe that if an employee makes a mistake, it is never the right of a superior to physically and verbally abuse its employee.
I wrote a letter to our HR manager regarding this incident, and they didn’t take immediate action in this. What they did was ask me to write a notice to explain about two incidents that had nothing to do with the exchange. They didn’t want me to have a copy of the NTE (even a photocopy or a mere photo). When I insisted on having a copy of this, they immediately took it back and said that we’ll deal with it next time.
Now, after 3 weeks since the incident, they informed me that I will be placed under a 15-day suspension starting tomorrow because of the incident. I was informed of this thru a company chat group without any document formally informing me of this.
My questions are these: Is my suspension legal? Is it being served in a lawful way?
What else can I do about the superior that hit me? It seems that there is nothing our HR can do because of his position. I have suffered physically, mentally and emotionally because of what he did to me in front of my colleagues and clients.
Is there any case that I can file regarding this matter?
Thank you in advance and more power.
(1) if you are willing, the abuse done by the representative of management can be grounds for immediate resignation
http://asksonnie.info/due-process-resignation/
(2) if you are under preventive suspension, you should receive a notice to explain for the incident, included in that is the preventive suspension notice
(3) if you have filed a complaint to HR, follow up on that.. Hitting you at the back is tantamount to physical harm, not to mention the mental wellness effect of the verbal abuse you received.
I’m currently on preventive suspension due to I allegedly manipulated my time for 2 days that I did not report for work (currently in the process of writing my explanation).
It was served to me without a coaching. Is that legal?
possible
How to compute for the reinstate employee from preventive suspension… is it really 30 days or 26 days X daily rate? ( 26 days = 30 days less 4 days for Rest day)
preventive suspension is without pay
Is it legal to apply preventive suspension to an employee, when despite several warning about his dishonesty and malfeasance performance he is still continue the same act? or is their any other penalties applicable to him?
likely termination